No Loitering Signs

Discussion in 'Off-topic' started by Savvy Jack, Dec 24, 2010.

  1. Savvy Jack

    Savvy Jack Banned

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    Just curious, if no firearms signs carry no legal weight then what about no loitering signs?

    Remember when we were kids cruising through the WalMart parking lot? What about gathered up in a group in the same parking lot? Then the cops come in and break it up threatening to take us to jail.
    So whats your thoughts?
     
  2. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Well... loitering is actually against the law in Georgia according to 16-11-36

    The offense - -
    (a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

    Always remember, it isn't always a matter of concern to the officer whether or not that someone is convicted of the crime for which he is accused. Even if the accused is released on his own recognizance, or the prosecutor refuses to prosecute, or the judge dismisses the case as soon as he lays eyes in it ...... he's still ruined someone's evening and likely conditioned them not to want to have the same experience repeated. Regardless of the outcome, the officer goes home to eat his dinner, and will get paid to be at the courthouse whether or not the accused is found guilty or innocent.
     

  3. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Georgia does not have preemption on the loitering code and cities are free to add to the code.
    For instance, Dublin, Georgia adds the following - -

    (e) A person commits the offense of loitering when that person remains idle (including spending time idly, loafing, walking aimlessly, driving about aimlessly, or sitting on cars trucks or other vehicles) at a place where there is a clearly visible No loitering sign, where the person does not leave the premises after a request by the owner or a law enforcement officer.
     
  4. Savvy Jack

    Savvy Jack Banned

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    So technically I can be on my own (private) property loitering with friends and can be harassed by LEOs?
     
  5. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    Hmmmmm...... I suppose maybe, if you have a No Loitering sign up. :lol:
    There's also no time requirement expressed, so anyone standing outside the back door of a store to grab a cigarette smoke might be 'loitering' too.


    It's just yet another case of a law being written so it could be selectively enforced (just like the Public Gathering law was originally only going to be applied to disarm the Negroes, not them there fine white people.)
     
  6. Savvy Jack

    Savvy Jack Banned

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    So if you go to, lets say,....the Atlanta/Harts airport just to film the TSA or catch a cup a coffee with a semi auto ya might not better stay in one place too long if ya see a no loitering sign? 8)
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Anti-loitering laws are often unconstitutional. Many bad ordiances are on the books, and they will fall if challenged in the courts.
    Loitering laws must be written clearly and specifically enough to let ordinary people reading them understand what is allowed and what is criminalized. The law must not give police too much discretion to decide who is loitering and when.

    And even a clearly-written law cannot ban innocent, harmless loitering in public spaces. People can "hang out" and socialize and gather. The law has to prohibit some inherently bad or problematic activity. The cops need to identify what the loiterers are doing wrong-- it's not up to the citizens to prove to the cops they have a legitimate purpose for gathering.